Ex-Delray leader on trial seeks to disqualify judge

Charlotte Durante accused of running Ponzi scheme

She's tried unsuccessfully this week to delay the trial for medical treatments. She's tried unsuccessfully to fire her attorney and blasted his handling of her fraud charges. On Thursday, defendant Charlotte Gilmore Durante even tried to disqualify the judge for being "punitive and inhumane."

But Palm Beach County Circuit Court Judge Charles Burton quickly denied the former Delray Beach commissioner's motion, calling it "legally insufficient" because it came from her rather than her attorney, Thomas Montgomery.

So the trial continued for a second day, with more testimony from Haitian residents who claim Durante, 68, took their money and failed to produce up to 18 percent investment returns in four months as promised through her former real estate business.

Delray Beach Police Det. Casey Thume then told the jury how her investigation examined bank records and traced money from the investors to a nonprofit organization run by Durante's daughter, the Museum of Lifestyle & Fashion History.

Prosecutors said the investors weren't told their money was being used for the museum, or for mortgage payments for Durante homes in North Carolina and Florida, and Boynton Beach properties once proposed as a museum location.

Assistant State Attorney William Minton labeled it a $1.8 million Ponzi scheme, with Durante allegedly collecting money from 83 investors between October 2006 to September 2008. He said some investors were paid back with proceeds from other investors, all of whom thought their money was being used to supply down-payment funds for her clients looking to buy houses.

A longtime community leader, Durante is charged with one count of money laundering and one count of organized scheme to defraud greater than $50,000 and faces up to 60 years in prison if convicted. Prosecutors Thursday dropped a third felony, aggravated white-collar crime.

Prosecutor Ryan Kelley said it was necessary to avoid any duplication of charges or confusion by jurors when they begin deliberating. The trial is to continue Friday with the state expected to wrap up and the defense putting on its case.